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Expert Analysis

Air Emissions Ruling Undermines EPA Guidance On CERCLA

By Jonathan Martel and Chase Raines (July 24, 2020, 2:46 PM EDT) -- A recent decision by the U.S. District Court for the Western District of Pennsylvania, Clean Air Council v. U.S. Steel Corp., held that emissions from a Clean Air Act Title V-permitted facility that were not compliant with the facility's permit were nonetheless federally permitted releases that were exempt from reporting provisions under the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, also known as the Superfund law.[1]...

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